INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF

The current scenario is one of clear incompatibility between litigation and the Judiciary's capacity to absorb such demand. The well-known problem of lengthy proceedings is aggravated by lack of predictability of the jurisdiction in the settlement of identical matters of law. In this context, o...

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Main Author: Guilherme Puchalski Teixeira
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2015-12-01
Series:Revista Eletrônica de Direito Processual
Subjects:
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/19196/14308
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author Guilherme Puchalski Teixeira
author_facet Guilherme Puchalski Teixeira
author_sort Guilherme Puchalski Teixeira
collection DOAJ
description The current scenario is one of clear incompatibility between litigation and the Judiciary's capacity to absorb such demand. The well-known problem of lengthy proceedings is aggravated by lack of predictability of the jurisdiction in the settlement of identical matters of law. In this context, one of the axes of the new Code of Civil Procedure (Law 13,105/2015) consists of valuing precedents with binding effectiveness, among them the incident of settlement of repetitious claims, which is the subject matter of this article. It is one of the major innovations in Brazilian procedural law. The proceeding of this procedural incident is analyzed in full. Its efficiency and usefulness are projected in its purpose of providing greater predictability to the protection of rights.
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spelling doaj.art-c396d8bbf1004a49ae697531dfc7f2c02022-12-21T18:28:32ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362015-12-011616211239https://doi.org/10.12957/redp.2015.19196INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOFGuilherme Puchalski Teixeira0Pontifícia Universidade Católica do Rio Grande do SulThe current scenario is one of clear incompatibility between litigation and the Judiciary's capacity to absorb such demand. The well-known problem of lengthy proceedings is aggravated by lack of predictability of the jurisdiction in the settlement of identical matters of law. In this context, one of the axes of the new Code of Civil Procedure (Law 13,105/2015) consists of valuing precedents with binding effectiveness, among them the incident of settlement of repetitious claims, which is the subject matter of this article. It is one of the major innovations in Brazilian procedural law. The proceeding of this procedural incident is analyzed in full. Its efficiency and usefulness are projected in its purpose of providing greater predictability to the protection of rights.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/19196/14308new code of civil procedurelaw 13.105/2015incident of settlement of repetitious claimsrepetitious actionsprocedural equality
spellingShingle Guilherme Puchalski Teixeira
INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
Revista Eletrônica de Direito Processual
new code of civil procedure
law 13.105/2015
incident of settlement of repetitious claims
repetitious actions
procedural equality
title INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
title_full INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
title_fullStr INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
title_full_unstemmed INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
title_short INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF
title_sort incident of settlement of repetitious claims projections around the efficiency thereof
topic new code of civil procedure
law 13.105/2015
incident of settlement of repetitious claims
repetitious actions
procedural equality
url https://www.e-publicacoes.uerj.br/index.php/redp/article/view/19196/14308
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